Arellano v. New Mexico Department of Health et al, No. 1:2016cv01325 - Document 15 (D.N.M. 2017)

Court Description: MEMORANDUM OPINION AND ORDER by Chief Magistrate Judge Karen B. Molzen denying 3 MOTION to Remand to State Court . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (KBM)
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Arellano v. New Mexico-Department of Health et al Caselookup Case Detail Page 1 ofDoc. 15 Att. 1 13 Case Lookup Exit Name Search Case Number Search DWI Search Case Detail Vangie Arellano v. New Mexico Department of Health, et. al. CASE DETAIL CASE NUMBER D-101-CV-201103710 CURRENT JUDGE Ortiz, Raymond Z. FILING DATE 12/07/2011 COURT SANTA FE DISTRICT PARTIES TO THIS CASE PARTY TYPE PARTY DESCRIPTION PARTY # D Defendant 1 PARTY NAME NEW MEXICO DEPARTMENT OF HEALTH ATTORNEY: WEISSBARTH FRANK D. ATTORNEY: SULLIVAN JAMES P. D Defendant 2 NEW MEXICO STATE PERSONNEL BOARD P Plaintiff 1 ARELLANO VANGIE ATTORNEY: HERRERA SAMUEL M. HEARINGS FOR THIS CASE HEARING HEARING DATE TIME HEARING TYPE HEARING JUDGE COURT COURT ROOM 10/25/2016 2:00 PM MOTION HEARING Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex 09/23/2016 1:30 PM HEARING Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex 11/03/2015 1:30 PM MOTION HEARING Ortiz, Raymond Z. SANTA FE DISTRICT COURT 07/29/2014 1:30 PM MOTION HEARING Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex 03/18/2014 11:00 AM MOTION HEARING Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex 11/06/2013 1:30 PM HEARING Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex 08/19/2013 1:30 PM PRE-TRIAL CONFERENCE Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex Dockets.Justia.com https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail 01/30/2013 2:00 PM 12/11/2012 11:00 AM 03/07/2012 Page 2 of 13 MOTION HEARING 8:30 AM Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex MOTION HEARING Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex SCHEDULING CONFERENCE Ortiz, Raymond Z. SANTA FE DISTRICT COURT Judge Steve Herrera Judicial Complex CIVIL COMPLAINT DETAIL COMPLAINT COMPLAINT DATE SEQ # 12/07/2011 COMPLAINT DESCRIPTION CLS: JUDGMENT/ DISPOSITION 1 COA DATE Decision for the Defendant 11/14/2013 COA DESCRIPTION SEQUENCE # 1 DISPOSITION DISPOSITION Miscellaneous PARTY NAME PARTY TYPE COMPLAINT COMPLAINT COMPLAINT DATE SEQ # DESCRIPTION 04/15/2014 CLS: JUDGMENT/ DISPOSITION 1 COA DISPOSITION DISPOSITION Transferred DATE 12/05/2016 COA DESCRIPTION SEQUENCE # 1 PARTY # Other PARTY NAME PARTY TYPE PARTY # REGISTER OF ACTIONS ACTIVITY EVENT DATE EVENT DESCRIPTION EVENT PARTY PARTY RESULT TYPE # AMOUNT 01/18/2017 MISCELLANEOUS ENTRY Receipt for Case Material 12/07/2016 MANDATE Mandate to the District Court Clerk - We Conclude the Denial of Plaintiff's Motion was Improper; we Reverse and Remand for Further Proceedings 12/05/2016 CLS: REMOVAL TO FEDERAL COURT Notification of Removal 11/22/2016 NTC: NOTICE D 1 Notice of Agreed Extension for Defendant NMDOH to Respond to Plaintiff's Motion to Reconsider 11/07/2016 MTN: TO RECONSIDER/ REVIEW Motion to Reconsider https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 3 of 13 11/02/2016 SUMMONS ISSUED Summons Issued to NM State Personnel Board on Nov 2, 2016 11/01/2016 ORD: ORDER Order Joining Additional Party New Mexico State Personnel Board 11/01/2016 ORD: ORDER Order Deferring Consideration Of Plaintiff s Motion For Summary Judgment 11/01/2016 ORD: ORDER Corrected Order Affirming Decision Of State Personnel Board 10/21/2016 NTC: COMPLETION OF BRIEFING Notice of Completion of Briefing 10/21/2016 REPLY/ RESPONSE TO MEMORANDUM BRIEF Reply to Motion for Summary Judgment 10/13/2016 RESPONSE Defendant's Response to Plaintiff's Motion to Join Additional Party 10/07/2016 WITNESS/ EXHIBIT DISCLOSURE Exhibits G-M for Defendant's Response in Opposition to Plaintiff's Motion for Summary Judgment 10/07/2016 RESPONSE Defendant NMDOH's Response in Opposition to Plaintiff's Motion for Summary Judgment (with Exhbits A-F) 10/07/2016 REQUEST FOR HEARING/ SETTING Request for Hearing 10/07/2016 NTC: COMPLETION OF BRIEFING Notice of Completion of Briefing 10/06/2016 REPLY Defendant's Reply in Support of Motion to Correct Order Affirming Decision of Personnel Board 09/29/2016 MTN: JOIN Motion to Join Additional Party 09/23/2016 AMENDED NOTICE Amended notice of hearing 09/21/2016 RESPONSE Plaintiff's Response to Defendant's Motion to Correct Order 09/16/2016 NTC: NOTICE Notice of Agreed Extension for Defendant to File a Response to Plaintiff's Motion for Summary Judgment 09/13/2016 NTC: OF HEARING Rule 16 Scheduling Conference; Plaintiff s Motion for Summary Judgment as to Count II of CV 2012-238. 09/12/2016 MTN: MOTION https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 4 of 13 Motion to Correct Order Affirming Decision of Personnel Board 09/07/2016 ORD: OF CONTINUANCE Order for Continuance 09/05/2016 REQUEST FOR HEARING/ SETTING Request for Setting 09/05/2016 MEMORANDUM Motion and Memorandum for Summary Judgement as to Count II 09/01/2016 MTN: FOR CONTINUANCE Motion to Continue 08/31/2016 NTC: OF HEARING Remand from Court of Appeals 05/26/2016 RECEIPT OF CD 05/25/2016 REQUEST FOR COPY OF TAPES/CD Expedited Tape/CD Request, 1:41:20-2:35:30 1cd 5/26/16 jn 04/27/2016 ORD: ORDER GRANTING Order GRANTING Petition (COA # 35274/35343) 04/27/2016 APPEAL SUMMARY CALENDAR Notice Proposed Summary Disposition (COA # 35274/35343) 03/11/2016 MISCELLANEOUS ENTRY Receipt for Case Material 03/09/2016 RETURN RECEIPT Receipt of Record Proper by NM Court of Appeals, COA #35,274 03/09/2016 CERTIFICATE Certificate of Costs for preparing Record Proper, COA #35,274: 1,345 pp. x $0.35 = $470.75, plus 2 seals @ $1.50 ea. = TOTAL COSTS: $473.75 03/09/2016 CERTIFICATE Clerk's Certificate attesting to accuracy of Record Proper, COA #35,274 02/16/2016 CERTIFICATE/ PROOF OF MAILING (of Order to Transfer Record Proper and All Other Papers in the 4th Judicial District Court's File in Cause No. D-412-CV-2012-238 to the 1st Judicial District Court) 02/04/2016 DOCKETING STATEMENT / COURT OF APPEALS Docketing Statement 01/11/2016 PETITION (NON-OPENING) Petition for Writ of Certiorari under Rule 12-505 01/11/2016 NTC: OF APPEAL TO COURT OF APPEALS/ SUPREME COURT P 1 Notice of Appeal to NM Court of Appeals 12/14/2015 ORD: ORDER https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 5 of 13 ORDER 10/06/2015 ORD: OF CONTINUANCE ORDER FOR CONTINUANCE (hearing reset to Nov. 3, 2015 at 1:30 pm) 09/11/2015 MTN: FOR CONTINUANCE P 1 Unopposed Motion to Continue 09/10/2015 AMENDED ORDER AMENDED ORDER VACATING HEARING ON SEPTEMBER 14, 2015 (reset to 10/19/15 at 1:30 pm) 09/09/2015 ORD: VACATING HEARING ORDER VACATING HEARING ON SEPTEMBER 14, 2015 AND RESETTING HEARING 09/09/2015 NTC: OF NON-AVAILABILITY (Defendant's counsel unavailable Sept. 14-18, Sept. 23-24, and Nov. 1123, 2015) 09/09/2015 MTN: MOTION D 1 Unopposed Motion to Vacate and Reset September 14, 2015 Hearing 09/03/2015 NTC: OF HEARING (Sept. 14, 2015 at 3:30 pm re: Rule 16 Scheduling Conference; Plaintiff's Motion to Set Aside Decision of Administrative Law Judge and to Grant Count II of CV 2012-238) 08/20/2015 REQUEST FOR HEARING/ SETTING (Matter: Rule 16 Scheduling Conference/Plaintiff's Motion to Set Aside Decision of Administrative Law Judge and to Grant Count II of CV 2012238) 08/20/2015 NTC: COMPLETION OF BRIEFING (on Plaintiff's Motion to Set Aside Decision of Administrative Law Judge and to Grant Count II of CV 2012-238) 08/20/2015 REPLY P 1 Reply to Motion to Set Aside Decision of Administrative Law Judge and to Grant Count II of CV-2012-238 08/07/2015 RESPONSE New Mexico Department of Health's Response in Opposition to Plaintiff's Motion to Set Aside Decision of Administratie Law Judge and to Grant Count II of CV-2012-238 07/31/2015 MANDATE Mandate to District Court Clerk - Reversed 07/21/2015 REQUEST FOR HEARING/ SETTING (Matter: Rule 16 Scheduling Conference/Plaintiff's Motion to Set Aside Decision of Administrative Law Judge and to Grant Count II of CV 2012238) 07/21/2015 MTN: MOTION Motion to Set Aside Decision of Administrative Law Judge and to Grant Count II of CV 2012-238 07/17/2015 REQUEST FOR HEARING/ SETTING (Matter: Rule 16 Scheduling Conference) https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail 07/17/2015 REQUEST Page 6 of 13 P 1 Request for Rule 16 Scheduling Conference 07/15/2015 NTC: NOTICE NOTICE OF INACTIVITY 12/08/2014 RETURN RECEIPT Receipt of Record Proper by NM Court of Appeals, COA #34,062 12/05/2014 CERTIFICATE Certificate of Costs for preparing Record Proper, COA #34,062 12/05/2014 CERTIFICATE Clerk Certicate attesting to accuracy of Record Proper, COA #34,062 11/07/2014 ORD: ORDER Application for leave to file Interlocutory Appeal is Granted, Case has been assigned to the Summary Calendar 09/16/2014 NTC: NOTICE NOTICE VACATING HEARING (re: Sept. 26, 2014 hearing) 09/15/2014 NTC: OF HEARING (Sept. 26, 2014 at 10:30 am re: Presentment of Plaintiff's Order Granting Plaintiff's Motion to Reconsider Decision in Granting Defendant's Second Motion for Summary Judgment) 09/09/2014 ORD: ORDER GRANTING ORDER GRANTING PLAINTIFF'S MOTION TO RECONSIDER DECISION IN GRANTING DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT 08/26/2014 REQUEST FOR HEARING/ SETTING P 1 Request for Notice of Presentment Hearing 08/15/2014 RECEIPT OF CD 08/13/2014 REQUEST FOR COPY OF TAPES/CD Expedited Tape/CD Request 07/28/2014 MTN: TO APPEAR TELEPHONICALLY Motion to Appear by Telephone 05/23/2014 NTC: OF HEARING (July 29, 2014 at 1:30 pm re: Plaintiff's Motion to Reconsider) 05/12/2014 REQUEST FOR HEARING/ SETTING Matter: Plaintiff's Motion to Reconsider 05/12/2014 NTC: COMPLETION OF BRIEFING P 1 Notice of Completion of Briefing of Motion to Reconsider 05/12/2014 REPLY P 1 Reply to Response to Motion to Reconsider Decision in Granting Defendants' Second Motion for Summary Judgment 04/30/2014 RESPONSE D 1 https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 7 of 13 Response in Opposition to Motion to Reconsider Decision Granting Defendant's Second Motion for Summary Judgment 04/15/2014 RPN: REOPEN NO FEE REQUIRED P 1 Motion to Reconsider Decision in Granting Defendants' Second Motion for Summary Judgment 04/10/2014 ORD: ORDER GRANTING ORDER GRANTING DEFENDANT'S SECOND MOTION FOR SUMMARY JUDGMENT 04/09/2014 CLS: FINAL DECREE/ORDER/JUDGMENT ORDER AFFIRMING DECISION OF STATE PERSONNEL BOARD 04/03/2014 NTC: OF HEARING (April 10, 2014 at 4 pm re: Presentment of Order Granting Defendant's Second Motion for Summary Judgment) 03/25/2014 REQUEST FOR HEARING/ SETTING Request for Hearing for Presentment of Order (re: Order Granting Defendant's Second Motion for Summary Judgment) 03/25/2014 NTC: OF NON-AVAILABILITY Notice of Non-Availability of Plaintiff's Attorney (April 12-19, 2014 & May 16-June 1, 2014) 01/08/2014 NTC: OF HEARING (March 18, 2014 at 11 am re: Defendant's Second Motion for Summary Judgment) 12/23/2013 REQUEST FOR HEARING/ SETTING (Matter: Defendant's Second Motion for Summary Judgment) 12/23/2013 NTC: COMPLETION OF BRIEFING (on Defendant's Second Motion for Summary Judgment) 12/23/2013 REPLY Reply in Support of Defendant's Second Motion for Summary Judgment 12/16/2013 MEMORANDUM Plaintiff's Re-filed Exhibits to Memorandum in Opposition to Defendant's Motion for Summary Judgment 12/06/2013 NTC: OF NON-AVAILABILITY (Atty Herrera unavailable April 12-19 and May 16-June 1, 2014) 12/06/2013 MEMORANDUM Memorandum in Opposition to Defendant's Motion for Summary Judgment 11/15/2013 RPN: REOPEN NO FEE REQUIRED Defendant's Second Motion for Summary Judgment 11/14/2013 CLS: FINAL DECREE/ORDER/JUDGMENT ORDER AFFIRMING DECISION OF STATE PERSONNEL BOARD 11/08/2013 RECEIPT OF CD Chris Chavez Received Recording of November 6, 2013 Hearing https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 8 of 13 11/08/2013 REQUEST FOR COPY OF TAPES/CD Expedited Tape/CD Request (November 6, 2013 Hearing Requested by Frank Weissbarth) XC: SS 10/17/2013 NTC: OF NON-AVAILABILITY (Defendant's counsel unavailable Nov. 25-Dec. 3, 2013) 08/22/2013 NTC: OF HEARING (Nov. 6, 2013 at 1:30 pm re: Administrative Appeal) 08/19/2013 NTC: OF NON-AVAILABILITY (Plaintiff's counsel unavailable Sept. 6-22, 2013) 07/24/2013 REQUEST FOR HEARING/ SETTING (Matter: Status conference) 06/14/2013 ORD: ORDER ORDER TO TRANSFER RECORD PROPER AND ALL OTHER PAPERS IN THE FOURTH JUDICIAL DISTRICT COURT'S FILE IN CAUSE NO D-412-CV2012-238 TO FIRST JUDICIAL DISTRICT COURT 05/20/2013 MTN: MOTION Unopposed Motion to Transfer Record Proper from Fourth Judicial District Court to First Judicial District Court 05/16/2013 NTC: OF NON-AVAILABILITY Notice of Non-Availability of Plaintiff's Counsel (June 5 to July 5, 2013) 05/16/2013 REQUEST FOR HEARING/ SETTING Matter: Argument on Statement of Issues 05/16/2013 NTC: COMPLETION OF BRIEFING (on Statement of Appellate Issues) 05/03/2013 RESPONSE Appellee's Response to Statement of Appellate Issues 04/15/2013 NTC: OF NON-AVAILABILITY (Plaintiff's counsel unavailable June 5-July 15, 2013) 04/08/2013 ORD: EXTENDING TIME Unopposed Order Granting Appellant's Second Extenson of Time to File Her Statement of Issues 04/08/2013 STATEMENT P 1 Statement of Appellate Issues 04/08/2013 NTC: OF FILING Notice of Filing of Transcript of Hearing before State Personnel Hearing Officer 03/29/2013 MOTION/ PETITION TO EXTEND TIME Appellant's Second Motion for Extension of Time to File Statement of Issues 03/26/2013 ORD: EXTENDING TIME UNOPPOSED ORDER GRANTING APPELLANT'S EXTENSION OF TIME TO FILE HER STATEMENT OF ISSUES https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 9 of 13 03/26/2013 NTC: OF FILING Notice of Filing (Copy of Notice of Appeal Under Rule 74 & Motion for Certification to COA filed in cause no. 2012-238) 02/28/2013 MOTION/ PETITION TO EXTEND TIME Appellant's Motion for Extension of Time to File Statement of Issues 02/22/2013 ORD: ORDER GRANTING Order Granting Defendant's Motion for Stay and Denying Plaintiff's Motion for Stay 01/29/2013 NTC: COMPLETION OF BRIEFING (on Plaintiff's Second Motion for Leave to File Amended Complaint) 01/25/2013 EXHIBIT LIST P 1 Plaintiff's Supplemental Exhibits to Her Response to Defendants' Motion to Stay Proceedings 01/23/2013 NTC: OF HEARING (Jan. 30, 2013 at 2 pm re: Defendant's Motion to Stay Proceedings and Petitioner's Motion to Stay Proceedings) 12/26/2012 REPLY Plaintiff's Reply to Second Motion for Leave to File Amended Complaint 12/26/2012 CERTIFICATE OF SERVICE (of Defendant's Responses to Plaintiff's Third Request for Production of Documents) 12/14/2012 RESPONSE Defendant's Response to Plaintiff's Second Motion for Leave to File Amended Complaint 12/14/2012 REQUEST FOR HEARING/ SETTING (Matter: Defendant's Motion to Stay Proceedings filed on June 8, 2012; and Petitioner's Motion to Stay Proceedings filed in D-412-CV-201200238) 12/13/2012 NTC: OF NON-AVAILABILITY (Plaintiff's counsel unavailable March 3-May 3, 2013) 12/13/2012 REQUEST FOR HEARING/ SETTING (Matter: Plaintiff's Second Motion to Amend Complaint; Plaintiff's Motion to Stay Proceedings; and Defendant's Motion to Stay) 12/13/2012 CERTIFICATE OF SERVICE (of Plaintiff's proposed Amended Complaint) 12/12/2012 SCHEDULING ORDER Rule 16(B) Scheduling Order - September 9, 2013 Jury Trial 12/12/2012 ORD: ORDER UNOPPOSED ORDER REMOVING PORTIONS OF DISCOVERY FROM CONFIDENTIALITY ORDER 12/11/2012 ORD: ORDER Unopposed Order of Consolidation - Fourth Judicial District D-412-CV2012-00238 is consolidated into this action 11/27/2012 MTN: MOTION https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 10 of 13 Plaintiff's Unopposed Motion to Remove Portions of Discovery from Confidentiality Order 11/13/2012 RESPONSE Defendant's Response in Opposition to Plaintiff's Second Motion to Compel 11/13/2012 CERTIFICATE OF SERVICE (of Defendant's Responses to Plaintiff's Second Request for Production of Documents) 11/01/2012 NTC: OF HEARING (Dec. 11, 2012 at 11 am re: Defendants' Unopposed Motion to Consolidate) 10/24/2012 MTN: TO COMPEL Plaintiff's Second Motion to Compel Discovery 10/17/2012 NTC: NOTICE Notice Vacating Hearing - Set for October 18, 2012 at 9 am 10/16/2012 NTC: OF HEARING (Oct. 18, 2012 at 9 am re: Expedited Motion for Continuance; Defendant's Motion to Stay Proceedings; Hearing regarding Defendant's Motion to Consolidate) 10/16/2012 MTN: FOR LEAVE Plaintiff's Second Motion for Leave to File Amended Complaint 10/16/2012 ORD: ORDER STIPULATED CONFIDENTIALITY ORDER 10/12/2012 REPLY Reply in Support of Defendant's Motion for Summary Judgment 10/12/2012 MTN: FOR CONTINUANCE Plaintiff's Expedited Motion to Continue 10/11/2012 NTC: OF HEARING (Oct. 30, 2012 at 3:30 pm re: Defendant's Motion to Stay Proceedings) 10/10/2012 EXHIBIT LIST Plaintiff's Exhibit List 10/10/2012 RESPONSE Plaintiff's Response to Defendants' Motion to Consolidate 10/09/2012 REQUEST FOR HEARING/ SETTING (Matter: Defendant's Motion to Consolidate) 10/09/2012 NTC: COMPLETION OF BRIEFING (on Defendant's Motion to Consolidate) 10/09/2012 REPLY Reply in Support of Defendant's Motion to Consolidate 10/05/2012 EXHIBIT LIST Defendant's Exhibit List https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 11 of 13 09/26/2012 MEMORANDUM Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment 09/24/2012 RESPONSE Defendant's Response to Plaintiff's Expedited Motion for Extension of Discovery Deadline 09/21/2012 MTN: TO CONSOLIDATE Defendant's Motion to Consolidate 09/12/2012 MTN: FOR SUMMARY JUDGMENT Defendant's Motion for Summary Judgment 09/06/2012 REQUEST FOR HEARING/ SETTING (Matter: Plaintiff's Expedited Motion for Extension of Discovery Deadline) 09/06/2012 MOTION/ PETITION TO EXTEND TIME Plaintiff's Expedited Motion for Extension Discovery Deadline 08/21/2012 DISCLOSURE Disclosure by the Plaintiff 08/16/2012 NTC: OF NON-AVAILABILITY (Plaintiff's Counsel unavailable Dec. 17, 2012 - Jan. 4, 2013) 07/25/2012 REQUEST FOR HEARING/ SETTING (Matter: Defendant's Motion to Stay Proceedings) 07/25/2012 NTC: COMPLETION OF BRIEFING (on Defendant's Motion to Stay Proceedings) 07/25/2012 ORD: EXTENDING TIME ORDER (Time to file motions for summary judgment is extended to 9/15/12) 07/19/2012 MTN: MOTION D 1 Unopposed Motion to Extend Time to File Motions for Summary Judgment 07/10/2012 REPLY Reply in Support of Defendant's Motion to Stay Proceedings 07/10/2012 RESPONSE Plaintiff's Response to Defendant's Motion to Stay Proceedings 06/25/2012 NTC: OF NON-AVAILABILITY (Plaintiff's counsel unavailable July 20-25, 2012) 06/08/2012 MTN: MOTION Defendant's Motion to Stay Proceedings 05/29/2012 WITHDRAWN Notice of Withdrawal of Expedited Motion for Leave to File Amended Complaint or Notice of Appeal of Decision of State Personnel Board https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 12 of 13 05/22/2012 NTC: OF NON-AVAILABILITY (Defendant's Counsel unavailable June 4 & 6 - 11, 2012 and August 2-17, 2012) 05/21/2012 RESPONSE Defendant's Response to Expedited Motion for Leave to File Amended Complaint or Notice of Appeal of Decision of State Personnel Board 05/10/2012 WITNESS/ EXHIBIT DISCLOSURE Plaintiff's Disclosure of Non-Expert Witnesses 05/09/2012 WITNESS LIST Defendant's Non-Expert Witness List 05/03/2012 MTN: FOR LEAVE Expedited Motion for Leave to File Amended Complaint or Notice of Appeal of Decision of State Personnel Board 04/04/2012 SCHEDULING ORDER Rule 16(B) Scheduling Order - November 19, 2012 Jury 02/27/2012 CERTIFICATE OF SERVICE (of Defendant's Responses to Plaintiff's First Set of Interrogatories and First Request for Production of Documents) 02/16/2012 NTC: OF NON-AVAILABILITY (Defendant's counsel unavailable Mar. 2-7, 2012; Mar. 12-14, 2012; May 21-June 1, 2012; and Oct. 17-26, 2012) 02/15/2012 NTC: HEARING (VACATE & RESET) Notice Vacating and Re-setting Scheduling Conference - March 7, 2012 at 8:30 am 01/27/2012 NTC: OF HEARING (March 7, 2012 at 1:30 pm re: Rule 16 Scheduling Conference) 01/26/2012 NTC: OF NON-AVAILABILITY (Plaintiff's counsel unavailable Feb. 23 - Mar. 5, 2012) 01/26/2012 REQUEST FOR HEARING/ SETTING (Matter: Rule 16 Scheduling Conference) 01/26/2012 REQUEST FOR HEARING/ SETTING Request for Rule 16 Scheduling Conference 01/26/2012 CERTIFICATE OF SERVICE (of Plaintiff's First Set of Interrogatories and First Request for Production to Defendant) 01/19/2012 CERTIFICATE OF SERVICE (of Defendant's First Request for Production of Documents and First Set of Interrogatories to Plaintiff) 01/19/2012 JURY DEMAND 12 PERSON D 1 01/19/2012 ANSWER D 1 01/19/2012 ENTRY OF APPEARANCE (James P. Sullivan & Frank Weissbarth enter obo Defendant) 12/13/2011 SUMMONS ISSUED https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017 Caselookup - Case Detail Page 13 of 13 NMDOH 12/07/2011 JURY DEMAND 6 PERSON P 1 12/07/2011 OPN: COMPLAINT Complaint for Termination on Violation of the Whistleblower Protection Act NMSA 10-16C-1 et seq. JUDGE ASSIGNMENT HISTORY ASSIGNMENT DATE Ortiz, Raymond Z. 12/07/2011 Return JUDGE NAME SEQUENCE ASSIGNMENT EVENT # DESCRIPTION 1 INITIAL ASSIGNMENT Print ©2007 New Mexico Courts https://caselookup.nmcourts.gov/caselookup/app?component=cnLink&page=SearchResult... 1/19/2017